Terms & Conditions applicable to all Products and Services (Clauses I-X)
I. Interpretation
In these terms and conditions, the following terms will have the indicated meaning:
1. ‘Account’ means the account with STANNARY WINE opened in the name of the Customer who will be responsible for all payments under this Agreement and to whom STANNARY WINE has primary obligations.
2. ‘Cellarage’ means the product storage services provided by STANNARY WINE to Customers.
3. ‘Customer’ or ‘you’ means the person or entity listed on the Account.
4. ‘Customer Reserve’ or ‘Reserve’ means products stored by a Customer, or by STANNARY WINE on behalf of the Customer, at Our Bond or any other facility recognised by STANNARY WINE from time to time and in terms of the Cellarage terms and conditions.
5. ‘En Primeur’ is a French wine trade term and refers to wine which is sold as a ‘future’, that is prior to being bottled and for delivery at a future date. En Primeur wines are usually offered, and shipped, one or two years after the vintage and special terms and conditions are applicable to these wines.
6. ‘In Bond’ means Products held in a bonded warehouse and in respect of which duty and VAT have not been paid.
7. Stannary Wine is owned and operated by Flint Wines Limited, registered in the UK under the Company registration number: 05735365, and our registered address is 16 Stannary Street, SE11 4AA, London, hereafter called ‘us’.
8. ‘Net Proceeds’ means the sale price of a wine sold through our Broking Services less STANNARY WINE’s fees, as listed on our services price list from time to time.
9. ‘Products’ means all wine, spirits and fortified wine supplied by STANNARY WINE under these terms and conditions and will include glassware, tickets and gift vouchers as well as products sold En Primeur.
10. ‘Services’ means all services provided by STANNARY WINE under these terms and conditions, which include delivery and storage.
11. ‘VAT’ means value-added tax.
12. ‘Our Bond’ means the bonded storage facility, LCB Drakelow Tunnels, Kingsford Lane, Wolverley, Worcestershire, DY11 5RZ, or any other facility designated by STANNARY WINE from time to time.
13. Except as otherwise stated in these terms and conditions or required by their context, the singular will include the plural and references to gender will include them all.
14. References to the ‘Customer/You’ will include any legal or natural person and include unincorporated groups of persons.
15. Headings are for ease of reference only.
II. Basis of Contract
Title / Account Usage:
1. Where the Customer authorises a third party to utilise his/her account, such Customer will remain responsible for all purchases on his/her account made by the authorised person until such authorisation is cancelled. Authorisation and cancellation thereof must be provided by written confirmation to STANNARY WINE. No authorisation will be complete until confirmation of receipt by STANNARY WINE.
2. Where Products are held by a Customer, title to such Products will be deemed to be held by the account holder and any authorised third party will have no right or title to any such Products.
3. Where two or more persons hold a joint account, they will each be jointly and severally liable in respect of all orders placed on such account until such time as the joint account is closed or replaced by an individual account. Closures and conversion to an individual account must be communicated to STANNARY WINE in writing by all persons and such closure or conversion will only be implemented once the existing account is settled in full or authorisation to transfer the balance is received.
4. Where Products/Reserves are held jointly by two or more persons, title to such Products/Reserves will only be passed upon receipt of proof thereof (e.g. letters of executorship, divorce order etc.).
5. This agreement constitutes the terms and conditions upon which STANNARY WINE is prepared to provide the Services and/or sell the Products to the Customer. The placing of any order for Products or Services by the Customer will be deemed to constitute an offer which includes these terms and conditions.
6. Applicable Law – These terms and conditions will be subject to the laws of England and Wales and the English Courts will have exclusive jurisdiction.
7. Dispute resolution (Complaints Process) – We will endeavour to resolve any disputes quickly and efficiently, and, in the event that an issue cannot be resolved by our staff, it will be escalated to our senior management. Where a matter cannot be resolved, nothing in these terms and conditions limits or excludes your statutory rights as a customer.
8. Force Majeure – from time to time STANNARY WINE may not be able to honour its obligations due to circumstances beyond its control. In these circumstances, we will not be liable for non-performance. Should these circumstances continue for an unreasonable period, your order will be cancelled and you will receive a refund.
9. Restrictions on supply – STANNARY WINE may not supply alcohol to any person under the age of 18 in the UK. By placing an order, you confirm that you are 18 years or older. Please note that all attendees at STANNARY WINE ticketed events must also be 18 or older. We reserve the right to refuse entry to any person unable to produce photographic identification with proof of age.
10. Allergens – Information is available on request. Please contact us on finewine@stannarywine.com .
Privacy
1. Please read our privacy policy which is available on our website. Privacy Policy.
2. If you register for some of our Services, we will collect information about you to enable us to provide this Service. You have a right to access all information that we hold about you and more information in this regard may be accessed via our website and the link provided above.
3. In certain circumstances we may run a credit check on a Customer, which information will be kept confidential.
4. When paying electronically we will verify the personal information provided by you against third party databases and such information may be disclosed to a registered Credit Reference Agency which may keep a record of such information. By accepting these terms and conditions you are also consenting to this verification process and the recording of such information as explained above. This process is to safeguard you and to ensure that your card is not being used without your consent.
5. STANNARY WINE reserves the right to amend these terms and conditions from time to time. Such amendments will be published on our website with a publication date. All transactions on or after the publication date will be undertaken in accordance with the latest version of the terms and conditions.
III. Quality and Availability
1. This clause is only applicable to products that were originally purchased through STANNARY WINE and excludes broking stock unless it was originally purchased from STANNARY WINE.
2. If a product is corked or otherwise faulty we will, in the first instance, offer a replacement bottle. If we are unable to replace the bottle from our stocks, we will offer a credit to the original invoice value of the wine, subject to the return of the bottle of wine in question.
3. In the event that the wine has been kept too long, for example past our recommended drinking windows, or stored by you inappropriately, we may not be able to offer the refund/replacement. For the purposes of determining whether the wine has been stored too long, we would rely on the drinking window recommendation on our website. For purposes of determining storage conditions, the refund cannot be offered after one month from date of delivery.
IV. Placing an Order and Cancellation
1. You may place an order for Products and/or Services with STANNARY WINE by:
a. Visiting the website and purchasing the wine directly online
b. Calling our office or one of our wine advisors directly
c. Emailing finewine@stannarywine.com or one of our wine advisors directly
2. A Customer order is an offer to buy from STANNARY WINE but there will be no contract between you and STANNARY WINE unless and until your order has been accepted by us and an invoice raised and, in the case of products, until such time as the ordered products have been dispatched to you. Until such time as the order has been accepted or the products despatched to you or placed in your Customer Reserves, we may decline to supply the Products or Services to you without giving any reason. Once we accept your order or despatch the Products, a contract will be concluded between you and STANNARY WINE on these terms and conditions.
3. In the event that we are unable to accept your order, we will advise you accordingly and no charge will be levied. The reason for non-acceptance of an order may be due to the Products being out of stock because the order does not fulfil the minimum requirements, there is an error in the description or pricing of the Products, we are unable to meet any deadline stipulated or there is an unacceptable credit reference.
4. All Products are subject to availability. When selecting Products for inclusion in our price list/website we endeavour to ensure that they remain available throughout the life of the list; however, some items will inevitably go out of stock. In the event that we are unable to supply your ordered Product, STANNARY WINE will attract no liability other than to refund to the Customer any charge in respect of the non-delivered Product.
V. Ownership
1. The Products will remain the property of STANNARY WINE until the Customer has paid for same in full. Title to the Products will not pass to the Customer until we receive payment in full (in cash or cleared funds) for those Products and any other Products and services that we have supplied to you in respect of which payment has become due.
2. The risk in the Products will become your responsibility from the time we deliver the Products to the address you provided or you/a carrier organised by you collect them from us.
VI. Cancellation
1. Legal Entitlement
a. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day you receive your Products or same are transferred into your Customer Reserves. Such notification must provide the order number and the date upon which you received the Products.
b. Upon receipt of your written notification we will acknowledge receipt of your cancellation. You are required to return the Products to us, at your cost, alternatively, we will arrange collection of the Products at your cost. Please note – a telephone call is not a valid cancellation.
c. You will be required to return the Product, alternatively, we may arrange to collect it. If the original packaging of a defective wine has been damaged or destroyed, you must ensure that the returned wine is adequately packed for collection by/shipment back to STANNARY WINE.
d. Subject to receipt of the returned wine, the purchase price thereof will be refunded within 14 days of receiving written notification of your intention to return it.
2. Cancellation for Faulty or Defective Wine or for Breach of Contract
a. You may cancel the contract with STANNARY WINE if the Product is faulty or because of some breach of the contract by STANNARY WINE which enables you to end the relationship.
b. Where you wish to cancel your contract, please ensure that you notify us in writing as soon as the relevant grounds for cancellation come to your attention. This notice can be sent to the e-mail address finewine@stannarywine.com but may also be delivered to our address set out in clause 1 of these terms and conditions and should include the order number and the reason for the return.
c. Where we receive such notice we reserve the right to try and resolve the dispute; however, failing such resolution and subject to valid grounds of cancellation, we will accept such cancellation.
d. Where your contract/order has been validly cancelled we will refund you any payment received by STANNARY WINE in relation to the cancelled order.
3. Pricing
a. Prices for all Products and Services are set out on our website. On occasion, vintages may vary from those shown in the price list or as displayed on the website.
b. Unless otherwise stated, prices listed for wines are quoted per bottle (75cl-bottle of wine) and per case, (unmixed quantity of bottles which will be stated as this is subject to change depending on the producer, bottle size and the way in which it is ordered) and are offered subject to availability.
c. All our prices are in Pounds Sterling unless otherwise stated. All our ‘duty paid’ prices include duty and VAT. All In Bond prices are exclusive of duty & VAT, which are payable by the Customer when the release of the wines from bond is requested. Our prices are subject to currency fluctuations and changes in duty and VAT.
d. If any product or service is mistakenly underpriced, STANNARY WINE will not be obliged to provide the product or service to you at the incorrect price, provided that we notify you before same is despatched to you, or within seven working days of our acceptance of the order in instances where we are not despatching same to you. Alternatively, we may cancel your order, subject to providing you with a full refund of any payments made by you. You may agree to pay the correct price, in which instance we will proceed with the order.
e. In the event that you are overcharged for a product or service, a full refund of the difference will be reimbursed to you.
f. We reserve the right to change our prices and the current prices will be listed on our website and published in our catalogues from time to time. Any pricing update on the website will supersede the previously published price and will replace any price listed in these terms and conditions. Where an end date is specified on any offer, it is intended as a guide only.
VII. Payments and Credit
1. Payment may be made using debit or credit cards.
2. Payment will be taken in full at the time of ordering in Pounds Sterling (GBP).
3. No payment will be complete until such time as payment has been received by STANNARY WINE’s bank and any delay in the transfer of funds and / or credit card authorisation is the Customer’s responsibility.
4. Any variation of our payment terms, if applicable will take precedence over this clause.
VIII. Delivery and Collection
1. Delivery
a. Photographic identification may be required for the collection of orders.
b. Delivery is undertaken by independent third-party service providers. The Customer is deemed to have read, understood and accepted any third party service provider terms and conditions which are available at the time of selecting the delivery method.
c. Products are delivered within seven (7) working days from the date of order within the mainland UK. No estimated time of delivery is provided for any consignment.
d. STANNARY WINE does not accept any responsibility for late or non-delivery of Products arising from incorrect delivery information being provided, nor for the inability of any third-party carrier to effect delivery within the terms of the agreement.
e. STANNARY WINE reserves the right to charge for any re-delivery of orders that have not been completed due to incorrect address information being supplied by the Customer or where the Customer is not available or not present to take receipt of delivery where that is the chosen method of delivery/acceptance.
f. Regardless of value, all deliveries beyond the UK mainland are subject to a surcharge and delivery charges will be provided on quotation.
g. Delivery rates are set out on our Services Price List.
2. Export Orders
a. We are unable to deliver worldwide directly. We are however able to provide the contact details for experienced third-party wine shippers although no liability or responsibility for subsequent services will attach to STANNARY WINE.
b. Any orders liable for import charges in the destination country will be for the account of the Customer.
3. Receipt of Goods
a. Deliveries should be inspected at the time of acceptance to ensure that there are no breakages or shortages. In instances where there are breakages or shortages, same should be recorded on the delivery note. We regret we cannot accept claims for shortages or breakages not recorded in this way.
b. STANNARY WINE should be notified of any breakages or shortages within three days of delivery. Please note that multi-case orders may be delivered in separate deliveries. If the balance of any order is not received within three working days of the first delivery, please notify us.
c. Neither STANNARY WINE nor the third party delivery agent can accept any responsibility for any loss or damage to any Products in the event that you are not available at the delivery address at the time of delivery or where instructions are given to leave the order in a safe place.
d. STANNARY WINE will not be liable for consequential loss or damage in any respect.
4. Collections
a. STANNARY WINE may assist in the collection of Products to be stored at our storage facility on request, the charge for which will be applied to the Customer’s account.
b. The Customer is responsible for detailing exactly what should be collected and any required information to assist the collection.
c. Collection is undertaken by independent third-party service providers, the terms and conditions of which the Customer is deemed to have understood and accepted and which are available at the time of selecting a collection.
d. Only original, sealed cases will be insured by the third-party collection partner; all other Products (single bottles, mixed cases, etc.) will not be insured and any insurance will be the responsibility of the Customer; and
e. STANNARY WINE accepts no responsibility for any loss or damage resulting from collections.
IX. In Bond Transfers
1. Where STANNARY WINE receive In Bond transfers of Products from third-party warehouses into Our Bond, such Products will be coded and logged into the Customer’s account based on information received from the transferring warehouse and/or provided by the Customer. STANNARY WINE is not liable if such information is incorrect. The responsibility to ensure that the correct information is provided to STANNARY WINE is the sole responsibility of the Customer and the third party warehouse acting as the Customer’s agent, and STANNARY WINE will not be liable if such information is incorrect.
2. The customer will be notified by STANNARY WINE of the details of the Products as entered into the account and the Customer will check that the names, vintages and quantities are correct and will provide any corrections to STANNARY WINE within 7 working days of receiving the notification.
X. Event Attendance
Attendance at events offered by STANNARY WINE
1. Places are only open to attendees who are 18 years of age, and older. Attendees may be asked to produce photographic identification with proof of age.
2. Payment in full is required at the time of booking and an email confirmation will be provided. Admission to the event may require presentation of proof of booking (e.g. email confirmation), though generally, a guest list will be available at the door.
3. In the event of cancellation by the Customer, a credit will only be given if STANNARY WINE is notified at least 28 days before the event. Credits will only be given after this time if STANNARY WINE is able to re-sell the ticket(s).
Special Conditions applicable to En Primeur Wines (Clause XI)
1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for wines sold as En Primeur.
2. Upon order of wines offered En Primeur by the Customer, Customers will be invoiced and will have to pay either the opening price (an ‘in bond’ price which excludes duty and VAT but includes the cost of shipping to the UK) or they may pay the price including duty and VAT.
3. Once the wine is in the UK, Customers can either pay the prevailing rate of duty, VAT and onward delivery to have the wines despatched. Alternatively, the wine can be cellared at STANNARY WINE’s wine storage facility, Our Bond, at an annual fee which is charged half-yearly in advance (1 April, 1 October). On arrival, wines purchased En Primeur will be stored In Bond unless we receive written instructions to the contrary. (see Storage / Cellarage terms and conditions which will be applicable).
4. STANNARY WINE will use its best endeavours to offer wines in quantities for which it has placed confirmed orders. However, because En Primeur is offered initially as a ‘future’ we cannot guarantee availability until it is delivered to the UK and offered to you for delivery. If a wine is unavailable for reasons beyond our control our only liability to you is the initial payment which will be refunded in full.
5. Cancellation of En Primeur orders – STANNARY WINE will only accept the cancellation of an En Primeur order within 14 days from the date of invoice. Notice must be given in writing and will be effective upon receipt at STANNARY WINE’s head office. Upon cancellation within the provisions of this clause, a full refund of the purchase price of the wine will be given to you. As the contract is for a future wine, cancellation cannot be accepted after the 14 days from invoice and the Customer will carry the risks associated with the purchase of a future good.
Special Conditions applicable to Cellarage/Private Reserve (Clause XII)
1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of Cellarage Services.
2. STANNARY WINE offers a wine storage service in a secure, temperature-controlled, bonded warehouse at Our Bond. Bottles are stored in their original packaging where possible. An inventory is kept against products stored on behalf of Customers at Our Bond.
3. Wines stored with STANNARY WINE are subject to annual storage charges which are raised half-yearly in advance for wines physically in Customer Reserves. Current charge rates as set out in the current Services price list. Prices are reviewed annually and Customers will be notified in advance of any changes.
4. Charges for storage apply only to wines held in the United Kingdom either duty paid or In Bond. Wines purchased En Primeur will become subject to storage charges only upon arrival in STANNARY WINE’s chosen bonded warehouse in the UK. Customers will be advised upon subsequent shipment and, on arrival, wines will be stored In Bond unless we receive written instructions to the contrary.
5. There may be a minimum charge equal to one full case rate, in respect of storage under the equivalent of one 9-litre case.
6. Insurance: Insurance cover is provided as part of STANNARY WINE’s Cellarage Service, is included in the storage charge, and is for the replacement value of the wine as estimated by STANNARY WINE. In the unlikely event of breakage or loss whilst in STANNARY WINE’s care, a wine will normally be replaced with either the same wine (subject to availability) or a wine of similar quality up to the insured value. STANNARY WINE accepts no liability should replacement stock not be available at the estimated and insured value.
7. Title: Wine purchased for Cellarage remains the property of STANNARY WINE until all invoices and outstanding charges are settled. No wines will be released from a Customer’s storage account held with us until all outstanding charges are paid. Title is determined by reference to your Stock Certificate and, in the case of sealed cases, to the Stock Number.
8. Ullages/Condition Loss: While every effort is made to preserve the quality of the stored wine and STANNARY WINE will take reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur by being cellared too long or through the natural processes to which all wines and their corks, however well cared for, are subject. Where a maturity date is provided (see clause 11.9 below) STANNARY WINE will not accept any liability for the condition of the wine from six (6) months after the maturity date.
9. Maturity and Valuations: STANNARY WINE will provide advice on the maturity of wines and valuations on the website. Such valuations will be based on a regular review of prices on the open market. Any prices shown are for guidance only and STANNARY WINE provides no guarantee, and accepts no liability, in relation thereto.
10. Advice on purchase and resale: While STANNARY WINE will recommend actions based on its understanding of individual Customers’ requirements and objectives, STANNARY WINE is not recognised as a financial advisor and no undertakings with regard to investment performance of any wine will be given, or may be implied from any information provided by any employee of STANNARY WINE. Furthermore, STANNARY WINE cannot be held liable for unforeseen changes in the value of wines traded on the open market.
11. In Bond transfers made within the Our Bond facility will be undertaken free of charge. Such transfers from Our Bond to another bonded warehouse within the London City Bond network will be subject to the charges set out in our services price list. Where transfers take place to a bonded warehouse outside the London City Bond network, pricing will be provided on quotation.
12. Transfer of ownership requests may attract an administration fee as set out in our services price list from time to time.
13. Products not purchased from STANNARY WINE may be accepted into Customer’s Reserves and will attract an administration fee as set out in our services price list. STANNARY WINE, however, reserves the right to reject wine in instances as when there is a question around the condition thereof, suspected fraud etc.
14. In the event a case of wine is discovered to have woodworm, STANNARY WINE will arrange for the case to be treated at the cost of the customer at the rate as set out in our services price list.
15. Termination
a. It is the Customer’s obligation to ensure that STANNARY WINE are in receipt of their current address and delivery of any notification to the last recorded address will be deemed to be proper notification.
b. STANNARY WINE may terminate your Cellarage on one (1) months’ notice. You agree to collect your Reserves or to supply us with a delivery address (See Services price list for delivery costs) at least three (3) days before the expiry of the notice period, failing which STANNARY WINE reserves the right to dispose of, by sale or otherwise, your Reserves.
c. Any cellarage or other charges due will be calculated and are payable on closure of the account.
d. In the event of non-payment of invoices/failure to instruct upon termination, STANNARY WINE reserve the right to:
– sell part of or all of the Customer’s paid Reserves and to deduct from the proceeds the outstanding charges, any costs incurred in the sale and a 12% broking fee; or
– take back and incorporate into STANNARY WINE’s stock, some or all of the Customer’s Reserves and credit against the amount due, a sum which in the reasonable opinion of STANNARY WINE is the current market value, less 3% administrative cost.
– otherwise dispose of the reserves; any costs will be for the Customer’s account (e.g. destruction fees).
16. In the event of STANNARY WINE exercising its rights in terms of this clause, STANNARY WINE reserves the right to select the Customer’s Reserves to be disposed of.
17. STANNARY WINE may dispose of the Reserves by way of auction. A listing fee will be charged as per our services price list. The listing price will be determined with reference to the Wine-Searcher/Liv-ex price on the listing day, alternatively, in the absence of such price, the estimated market price, as determined in the sole discretion of STANNARY WINE, will be used. STANNARY WINE reserves the right to accept any reasonable bid for the Reserves and STANNARY WINE will not be held liable for any market variation in the event that the Reserve are sold below the original value or price paid.
18. All Reserves held in a Customer’s name will result in the said Customer being the STANNARY WINE client and thus solely responsible for all payments and for providing all instructions. The Customer, by placing the Reserve into Cellarage is deemed to have entered into the agreement with STANNARY WINE on these terms and conditions, and hereby indemnifies STANNARY WINE against all and any liability, loss, expenses or costs arising from any claim whatsoever nature made by any third party claiming title to the Reserves, and incurred by STANNARY WINE in exercising its right of sale or disposal or refusing to act on such third party’s instructions or otherwise.
19. In the event of the exercise by STANNARY WINE of its rights in terms of this clause, the Customer irrevocably authorises STANNARY WINE in perpetuity, to act as his / her agent to sell the Reserves and agrees that ownership of the Reserve will transfer to STANNARY WINE or to a purchaser, as the case may be. STANNARY WINE will not be responsible or liable for any difference in the proceeds of sale or allocated value, had the wine been sold through a third party or valued by a third party.
20. Monies owing to STANNARY WINE will be deducted from the disposal proceeds/allocated value and the balance, free of interest, will be paid to the Customer provided STANNARY WINE are in receipt of the Customer’s current contact details. Where we are not in receipt of current contact details we will hold the disposal proceeds for the customer’s benefit for a period of 12 months whereafter the customer will be deemed to have abandoned their property and any disposal proceeds will be forfeited to STANNARY WINE.
21. Where the proceeds of the sale/allocation value do not cover the amount due from the Customer, STANNARY WINE reserves the right to recover the balance from the Customer.
Special Conditions applicable to Fine Wine Trading/Broking (Clause XIII)
1. These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of broking and trading Services.
2. STANNARY WINE will seek third-party purchasers for your wine. You may offer wines for sale by contacting one of our sales team on 020 3924 2700 or finewine@stannarywine.com, in which case all instructions must be made and then confirmed in writing.
3. By agreeing to these broking terms and conditions you are authorising and granting to STANNARY WINE a six (6) month exclusivity period to offer the wine for general sale. If the wine fails to sell within the six (6) month period, we reserve the right to withdraw the wines from sale and will notify you accordingly.
4. Ownership and Transfer of Title
a. STANNARY WINE will act as your agent in the sale of any wine and same will be held, pending sale, in the Customer’s name, uniquely identified, with Our Bond.
b. Upon the completion of the sale, and receipt of cleared funds by STANNARY WINE, title in the wines will be transferred to the Purchaser.
c. In the event of a Customer deciding to withdraw the wines from sale, and notifying STANNARY WINE in writing, they will be returned to the Customer, or transferred to another account at Our Bond according to the Customer’s instructions.
d. If the purchaser of wine(s) defaults on payment or cancels the purchase, then STANNARY WINE will not be liable for any loss or damage suffered by the Customer. The Products will revert to the Customer’s ownership. STANNARY WINE will notify you via email in the case of cancelled sales.
5. When providing broking and trading Services in terms of this clause 12, STANNARY WINE acts always as the agent for (and never as principal on behalf of) the Customer. As such the Customer warrants the provenance and condition of the Product as displayed by STANNARY WINE and accepts all risks in and thereto. The Customer agrees to indemnify and hold harmless STANNARY WINE and its directors, officers, agents, employees and representatives against any and all claims, demands, penalties, losses, liability or damage, including, without limitation, reasonable attorneys’ fees and expenses asserted against, resulting from, or related to the provenance, condition or quality of the Product sold by the Customer through the broking and trading Services. By way of clarification, if a Product is corked or otherwise faulty STANNARY WINE will not be responsible. Any refund payable to a purchase by STANNARY WINE in this instant, will be recoverable from the Customer upon demand.
6. Broking wines sold through the STANNARY WINE facility are deemed to constitute a completed sale unless they are found to be in condition other than as represented as a condition of the sale and as per our requirements for the condition of wines (see clause 12.12 below).
7. Wines that STANNARY WINE offers to trade or purchase must be free of any lien or encumbrance, must not currently be offered for sale by any third party, and must have been paid for in full.
8. Wines must be free from any associated storage charges owed either to STANNARY WINE or any third party.
9. Until such a point in time that ownership rights are transferred the Customer will remain responsible for all storage and administrative charges incurred in respect of the relevant wine(s).
10. Eligibility to sell wines
a. Wines accepted for sale by STANNARY WINE must have impeccable provenance and have been transported and stored in optimum conditions. STANNARY WINE may refuse to sell wines which, in the opinion of STANNARY WINE or its agents, do not meet these requirements.
b. In order to sell wines via STANNARY WINE’s Fine Wine Trading Service you must have a storage account with STANNARY WINE.
c. Wines must be booked into and physically present at Our Bond at the time you offer wines to STANNARY WINE. While En Primeur wines may be sold, you will not have a stock certificate, and thus you will not be able to list these wines using the online facility. You will need to call or email us so that we can assign them for you.
d. Wines that are offered for sale must have been stored by STANNARY WINE at Our Bond, or another accredited bonded warehouse permanently since landing in the UK.
e. STANNARY WINE may accept to trade duty paid wines, subject to the terms as listed below and any other of our terms and conditions.
11. Pricing and Payment
a. STANNARY WINE will provide a price range based on the current market price. This valuation will be used to suggest a selling price; however, the final offer price must be agreed with the Customer.
b. STANNARY WINE may list the same wine for sale at different prices, in accordance with different Customers’ instructions. If the same wine is listed at an identical price by two or more Customers, STANNARY WINE will use its best endeavours to sell the wine that was listed first.
c. Following the sale of your wine, payment will be made to the Customer after receipt of payment in full by STANNARY WINE from the purchaser and deduction of STANNARY WINE’s fee set out below. A credit note for the agreed purchase price will be raised on the Customer account.
d. STANNARY WINE will charge a fee as per the services price list and the payment to the Customer will be for the Net Proceeds agreed in the most recent Agreement for Sale.
e. Payment to the Customer, by bank transfer, will take place on or around the fifteenth working day of the month following the sale, provided that bank details have been provided, securely, online on the Customer’s account seven working days prior to expected payment.
12. Condition of Wines
a. All wines either purchased or offered for sale by STANNARY WINE are deemed to be in a saleable condition. Should a wine be found to be in poor condition in the opinion of STANNARY WINE or its agents (and its condition cannot be attributed to its storage by STANNARY WINE), the transaction may be considered null and void at any point up until transfer of funds.
b. STANNARY WINE has the right to refuse to trade wines which it considers are too old to be consumed/past their best. We may recommend an alternative means of trading such wines.
c. Should a condition report be necessitated for any wine, in order to facilitate a sale, the Customer will be contacted and asked to cover all associated charges, unless written confirmation to the contrary has been issued by STANNARY WINE.
d. Condition reports
– Condition reports are mandatory for any duty paid wines to be offered and for wines over a certain age or price threshold as determined by STANNARY WINE for sale by STANNARY WINE other than wines purchased duty paid from STANNARY WINE and stored continuously at Our Bond following shipment to the UK.
– Condition reports involve the case(s) being located from storage, being opened in the studio and photographs being taken so that the condition of the case, labels, closures and neck levels can be viewed. Condition reports assist STANNARY WINE when selling wines as proof of condition to potential purchasers.
– Upon request to STANNARY WINE condition reports are normally produced within 7 working days.
– Charges for condition reports, at a cost in our services price list, are non-refundable and will be charged immediately to the Customer’s account. These will become payable as per the normal account payment terms.
– Condition reports include one high-resolution photo of the case and the individual bottles (including front labels). A brief description of the case is also included.
– Condition reports are associated with the Wine(s) and will be useable by subsequent owners of the Wine(s) should ownership change and the Wine(s) remain in the custody of STANNARY WINE.
– Condition reports are expertly produced by our partners at Our Bond. Great care is taken when opening the case and to reseal it back to its original condition. In the unlikely event that the case cannot be reconstructed STANNARY WINE reserve the right to offer fair compensation.
– A condition report does not guarantee that the wine is free from any non-visible damage (such as cork taint) or guarantee the provenance or quality of the wine therein.
– Over time the condition of the contents of the case may deteriorate as a result of the natural ageing process. As such:
• STANNARY WINE does not accept liability for a deterioration in the condition of the contents of the case (including liquid, labels, corks and capsules).
• STANNARY WINE will not accept any liability for any missing capsules, corks or labels upon receipt checking.
• Condition reports provide a representation of the current condition of the wine and do not guarantee the future condition of the wine.